Objecting to a Relocation Petition in Florida: The 20-Day Deadline and What Happens Next

Quick Summary: If your child's other parent files a petition to move more than 50 miles away, Florida law gives you only 20 days to object to a relocation petition in Florida — not 20 days to think it over. Under Fla. Stat. § 61.13001, the petition itself must warn you, in capital letters, that a written, verified answer is due within 20 days of service, and that missing the deadline creates a presumption that the move is in your child's best interest — allowed without a hearing. This guide explains what the petition must contain, exactly what a valid objection needs to say, what happens if you act too late, and what the court considers if the case goes to a contested hearing.

Few notices arrive with higher stakes attached to a countdown clock than a Petition to Relocate. A parent who wants to move a child's principal residence more than 50 miles away for more than 60 days must generally get your written agreement or a court order first — and if you disagree, the law expects you to say so quickly, in writing, and with specifics. Parents who assume they can simply talk it out later, or who set the papers aside while they look for a lawyer, can lose their chance to be heard before the case is ever set for trial. This guide walks through how to object to a relocation petition in Florida, step by step, and what happens on both sides of that 20-day line. For a broader overview of Florida's relocation rules from the moving parent's side, see our companion guide to relocating with a child after divorce in Florida, and if the move has already happened without your consent, see our guide to enforcing a Florida family court order.

1. What Triggers This Process: The Legal Definition of "Relocation"

Not every move requires a petition. Under § 61.13001(1)(e), "relocation" means a change in a child's principal residence of at least 50 miles for a period of at least 60 consecutive days — not counting a temporary absence for vacation, education, or health care. A move across town, or a move that falls short of either the distance or the duration threshold, does not trigger the statute's petition-and-response process, though it can still be relevant to a broader parenting-plan dispute. If both parents genuinely agree to a qualifying move, § 61.13001(2) allows them to sign a written agreement defining the new time-sharing schedule and file it for the court's ratification — usually without a hearing, unless one is requested in writing within 10 days. This guide addresses the more common and more contested scenario: one parent wants to move, and the other has not agreed.

2. The Petition You Should Receive — and the Warning It Must Contain

Before relocating without your agreement, a parent must file a Petition to Relocate and have it properly served on you. Section 61.13001(3)(a) requires the petition to be verified (signed under oath) and to include the new address if known, the mailing address if different, the home and cell phone numbers of the relocating parent, the date of the intended move, a detailed statement of the reasons for relocating, and a proposed revised schedule for time-sharing and transportation. The statute also requires the petition to contain this exact warning, in capital letters and in the body of the document:

"A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING."

If the petition you received is missing this language, is not verified, or omits the required details, that is worth raising with an attorney immediately — a deficient petition can itself be grounds to challenge the relocation request, and under § 61.13001(6) a court may restrain a relocation while a deficient petition is corrected.

3. The 20-Day Deadline to Object to a Relocation Petition in Florida

The clock starts running on the date you are properly served with the petition, not the date you happen to read it. Your written answer must be filed with the clerk of court and served on the relocating parent within 20 days of that service date. Weekends, holidays, and the time it takes to find a lawyer do not extend this window on their own — Florida's family court rules generally count calendar days, so a petition served on a Friday does not give you extra time simply because the courthouse is closed that weekend. Parents are sometimes tempted to respond informally — a text message, a phone call, an email to the other parent — but none of that satisfies the statute. The response has to be a written, verified pleading, filed in the court file, and formally served.

4. What a Valid Written Objection Must Include

Florida does not accept a bare denial. Section 61.13001(5) requires that an answer objecting to relocation "must be verified and include the specific factual basis supporting the reasons for seeking a prohibition of the relocation, including a statement of the amount of participation or involvement the objecting party currently has or has had in the life of the child." In practice, that means your objection should lay out, in sworn detail, why the move is not in your child's best interest — the quality and frequency of your current time-sharing, how the distance would affect your relationship with your child, specific concerns about the reasons given for the move, and any impact on schooling, healthcare, extended family, or the child's expressed preferences, where age-appropriate. A vague objection that simply says "I do not agree" invites the relocating parent to argue that you have not met the statute's pleading requirements.

5. What Happens If You Miss the Deadline

This is the consequence the capitalized warning is trying to prevent. Under § 61.13001(3)(d), if the parent objecting to relocation fails to timely file a verified response, "it is presumed that the relocation is in the best interest of the child," and the court is authorized to enter an order approving the relocation without an evidentiary hearing. Once that order is entered, unwinding it generally requires a motion to set aside a default or a similarly high procedural bar — a much harder position than simply filing a timely objection in the first place. If you have been served with a Petition to Relocate, calendaring the 20-day deadline the same day you are served, and reaching out to a family law attorney immediately, matters more than almost any other step in the case.

6. Temporary Orders While the Case Is Pending

A timely objection does not resolve the case overnight — contested relocation cases often take months to reach a final hearing. Section 61.13001(6) allows the court to enter a temporary order, before the final hearing, either restraining the relocation or permitting it on a temporary basis, considering factors including whether the move is likely to be approved at the final hearing and whether a temporary relocation, or a temporary denial, would cause more harm to the child. Either parent can ask the court to address this question early, rather than simply waiting for the final hearing date, and under § 61.13001(10) relocation matters are entitled to priority in scheduling, including a requirement that a motion for temporary relocation be set for hearing within 30 days.

7. What the Judge Weighs at a Contested Hearing

When relocation is contested, § 61.13001(7) directs the court to consider, among other factors: the nature, quality, and duration of the child's relationship with each parent and with siblings and other significant people in the child's life; the child's age and developmental needs, and the likely impact of the move; whether the relationship with the non-relocating parent can be preserved through a substitute long-distance time-sharing arrangement, and at what cost; the child's own preference, depending on age and maturity; whether the move would improve the general quality of life for both the child and the relocating parent; the reasons each parent is seeking or opposing the move; the current employment and economic circumstances of each parent; whether the request is made in good faith, and the extent to which the objecting parent has fulfilled their own financial obligations; the career and educational opportunities available to the relocating parent at the new location; and any history of substance abuse or domestic violence. Section 61.13001(8) places the initial burden on the parent seeking relocation to show, by a preponderance of the evidence, that relocation is in the child's best interest; if that burden is met, it shifts to the objecting parent to show that relocation is not in the child's best interest.

8. If a Parent Relocates Without Following the Law

Some parents move first and plan to sort out the legal paperwork later. Section 61.13001(3)(e) addresses this directly: relocating a child without complying with the statute's requirements "subjects the party in violation to contempt and other proceedings to compel the return of the child," and a court may treat the unauthorized move as a factor against that parent in deciding relocation or modifying the parenting plan, as a basis for ordering the temporary or permanent return of the child, and as grounds to order the relocating parent to pay the other parent's reasonable expenses and attorney's fees, including travel costs incurred securing the child's return. If your child has already been moved without your agreement or a court order, this is a basis for immediate emergency relief — see our guide to emergency custody in Florida for how that process works, and our overview of modifying a Florida parenting plan for how an unauthorized move can affect the long-term time-sharing schedule.

9. Common Mistakes When Responding to a Relocation Petition

• Waiting to "see what happens" before filing anything. The 20-day clock runs regardless of settlement talks, and an informal objection communicated only to the other parent does not satisfy the statute.
• Filing a bare, unverified denial. Section 61.13001(5) requires a verified answer with a specific factual basis — not just a statement of disagreement.
• Assuming the other parent cannot move until the final hearing. Without a temporary restraining order, and depending on the specific facts, some relocations proceed before a final judgment; addressing this early, under § 61.13001(6), is often necessary.
• Ignoring the reasons given for the move. The court weighs the relocating parent's good-faith reasons and opportunities under § 61.13001(7); an objection that only argues inconvenience, without addressing those reasons, is incomplete.
• Not documenting current time-sharing and involvement. Since your level of participation in the child's life is part of the statutory pleading requirement, thin records make it harder to meet the burden the statute places on you.

Frequently Asked Questions About Objecting to a Relocation Petition in Florida

Cited Sources

• Fla. Stat. § 61.13001 — Parental relocation with a child; definitions, petition requirements, 20-day objection deadline, presumption for untimely responses, temporary orders, best-interest factors, and burden of proof.
• Florida Courts Family Law Forms 12.950(a)–(j) — Official relocation forms, including the agreement for relocation, petition to relocate, and temporary relocation orders.

A relocation case moves fast once a petition is served, and the 20-day deadline to object does not wait for you to find the right lawyer. Doreen Yaffa and the Yaffa Family Law Group custody team help parents throughout Palm Beach and Broward counties respond to relocation petitions and protect their time-sharing, including relocation matters and enforcement when a parent has already moved without following the law. View all our practice areas or contact us today for a confidential consultation.